Blog - BHANDLAW

27Aug 2019 by bhandlaw

Yes, Your Website Needs a DMCA Agent. Here’s Why.

As a Phoenix business law firm focusing in tech and e-commerce, I often see website owners who have designated a DMCA agent in their Terms of Use but have done little else beyond that. This could be a serious (if not costly) oversight. In this article, I'll explain why. What is The DMCA? The Digital Millennium Copyright Act of 1998 (“DMCA“) is a federal law that deals with the protection of copyrighted materials online. In addition to affording protection to the copyright owner through a formal process by which the owner may assert their rights over media and have copyrighted material removed from websites and other online providers quickly, the DMCA provides protection to those websites and mobile apps that allow (and in many cases rely upon) user-generated content. However,…

15Aug 2019 by bhandlaw

TEAS Time: Which USPTO Trademark Application Do I Use?

Uncategorized

So you’ve got a hot brand name or logo that you’re ready to register as a trademark but, when you go to the United States Patent and Trademark Office (USPTO) website to e-file your application, you are confounded by the three choices: TEAS Plus, TEAS Reduced Fee, and TEAS Regular. What the heck is the difference and which one should you use? Well, if you want to file your USPTO application yourself, which method of filing you use will depend largely on your registration needs and to a lesser degree you or your company's budget. First of all, TEAS is the acronym for the USPTO's Trademark Electronic Application System. There are currently three TEAS to choose from: TEAS Plus, TEAS Reduced Fee, and TEAS Regular. If you’ve tried to apply…

31Jul 2019 by bhandlaw

Where Can I Get My Arizona Business License?

Business Formation, Corporations, Licensing

There are occasions when I'll get a call from a new (or aspiring) business owner who calls or e-mails me saying, "I need to get an Arizona business license". This statement is normally followed up by some variation of, "Can your firm help us with this?" These questions are based largely on a number of (understandable, yet incorrect) assumptions: First, that their business even requires a license to begin with; second, that such a license is given out by some central licensing authority here in Arizona, and, lastly, that there is a one-size-fits-all business license for every type of business out there. While one or more of these assumptions might be true in other 49 States, this is not the case here in Arizona. Generally speaking, Arizona handles business licensing…

17Jul 2019 by bhandlaw

5 Essential Agreements Every E-Commerce Site Should Have

Contracts, E-Commerce, Privacy, Start-Up

Founders of e-commerce businesses can often be so wrapped up in getting to market and scaling as quickly as possible that they overlook legal protection for their business. Operating any business, let alone one providing goods or services over the Internet, without important legal safeguards in place is like trying to cross the 101 Freeway every day wearing a blindfold. Could you get away with it? For awhile, perhaps. However, sooner or later, the odds will catch up--with potentially catastrophic results. In this post, we'll cover the five essential legal agreements which every e-commerce site should have. Understand that this list is merely intended to describe the most basic documents that your e-commerce site should have in place. It is not meant to be exhaustive. There are other, no less…

29May 2019 by bhandlaw

My Foreign Company’s Name Conflicts with An Existing Arizona One. Now What?

Business Formation, Corporations, Entity Formation, Foreign LLC, Limited Liability Company

Our law firm's startup clients are often formed as a limited liability company (LLC) (or for-profit corporation) in another state but have either relocated to, or now conduct their operations in, Arizona. In an earlier post, I discussed the requirement of registering your foreign entity with the Arizona Corporation Commission if you were initially formed in another jurisdiction but are nonetheless deemed to be "transacting business" here in Arizona. However, there are times when the name of your foreign-chartered entity also happens to be the same as an existing trade name or entity already registered here in Arizona. Adoption of A Fictitious Name In this situation, as part of your application you will have to have your foreign entity adopt a fictitious name (also known as a "d/b/a" or "assumed"…